Dog Bites: Who Is Liable?

Posted By Gruenberg Kelly Della || 8-Mar-2017

Every day, around 1,000 people require emergency care treatment for severe
dog bite injuries in the United States, and every year, about 9,500 people are
hospitalized because of dog bites. The damage sustained usually includes
skin and subcutaneous tissue infections; open wounds of the head, neck,
and torso; and fractures of the upper limbs. Hospitalization and other
associated medical costs caused by dog bites can be extremely expensive.
In cases like these, who is liable for the expensive bills and potential
lost income from missed work—the dog owner or the person who may
have put himself or herself in danger?

New York has specific laws regarding
liability in dog bite cases. The statute regarding dog bites mixes the one-bite
rule with a limited degree of strict liability. The courts in the state
have imposed liability on the owner of dogs for injuries inflicted by
his or her companion animal. According to the law, all dog owners are
responsible for knowing the animal has “vicious propensities”
and will be held liable for any damage it causes to people or property.

New York Agriculture & Markets Code § 123 states the dog owner
is liable when the dog injures another person if it is considered a “dangerous
dog.” Dangerous dogs are defined as one that does one of the following:

Attacks and injures or kills a person or other animal without justification

Behaves in a way that causes a reasonable person to believe the dog poses
a grave and unjustified imminent threat of serious physical injury or death

All medical bills are the responsibility of the owner of the dangerous
dog; however, the injured person’s attorney must prove the animal
in question is, indeed, considered dangerous. Negligence on the part of
the owner must be proven in negotiations or a court of law. However, if
the injured person was negligent, for example, by trespassing on the dog
owner’s property, the owner wouldn’t be liable if he or she
gave people reasonable warnings to be aware of a dog in the back yard.

Likewise, the law makes allowances for other circumstances in a bite case.
For example, police dogs are not considered “dangerous” if
they bite a criminal while carrying out official duties. Likewise, if
the dog was protecting its home, puppies, or self from the person who
was bitten, or was reacting to pain or suffering, it wouldn’t be
considered a dangerous animal. Additionally, if the dog was provoked when
it was harmed or abused by the person who was bitten or injured, the person
is less likely to receive any compensation for the injury.

If you’ve been injured by someone’s dog, and that injury led
to significant medical problems, make sure you are justly compensated.
If your injury was particularly severe, you could even press criminal
charges and the negligent owner could be charged with a misdemeanor.

Contact one of our experienced Long Island personal injury attorneys at Gruenberg
Kelly Della for a free initial consultation. We have more than 50 years
of legal experience to offer your case, and we have a history of recovering
more than $100 million in verdicts and settlements for our past clients.
Let us examine your case and make a recommendation. Call us at (888) 305-6372 or
fill out our online form to get in touch with us today.

Huntington Office

Jericho Office

Brooklyn Office

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.